Intengan v. BAC Home Loans Servicing LP

In Intengan v. BAC Home Loans Servicing LP (2013) 214 Cal.App.4th 1047, the appellate court ruled that the plaintiff homeowner could state a cause of action for wrongful foreclosure (not declaratory relief) based on allegations that defendants had violated section 2923.5. (Id. at p. 1059.) The Intengan decision is also factually distinguishable, since the plaintiff in that case did not allege that a foreclosure sale of the plaintiff's property had taken place. Moreover, the appellate court stated that the only relief available for a violation of section 2923.5 was a postponement of the foreclosure sale. (Ibid.)